Disaster Assistance Loan Program; Disaster Loan Credit and Collateral Requirements, 63366-63367 [2016-21512]
Download as PDF
<![CDATA[
63366
Federal Register / Vol. 81, No. 179 / Thursday, September 15, 2016 / Rules and Regulations
5 U.S.C. 301, 552; 52 FR 10012; E.O. 12600;
52 FR 23781, 3 CFR 1987, p. 235.
Subpart B—Availability of Records of
the Farm Credit Administration
2. Section 602.8 is amended by
revising paragraph (a) and adding
paragraph (d) to read as follows:
■
§ 602.8
Appeals.
(a) How to appeal. You may appeal a
total or partial denial of your FOIA
request within 90 calendar days of the
date of the denial letter. Your appeal
must be in writing and addressed to the
Director, Office of Agency Services
(OAS), Farm Credit Administration. You
may send it:
(1) By mail to 1501 Farm Credit Drive,
McLean, Virginia 22102–5090;
(2) By facsimile to (703) 893–2608; or
(3) By Email to foiaappeal@fca.gov.
You also have the right to seek
dispute resolution services from FCA’s
FOIA Public Liaison and the Office of
Government Information Services.
*
*
*
*
*
(d) How to seek dispute resolution
services. Requesters may seek dispute
resolution services from:
(1) FCA’s FOIA Public Liaison;
(i) By mail addressed to FOIA Public
Liaison, 1501 Farm Credit Drive,
McLean, Virginia 22101–5090;
(ii) By facsimile at 703–790–3260; or
(iii) By Email at FOIAPublicLiaison@
fca.gov.
(2) Office of Government Information
Services;
(i) By mail to Office of Government
Information Services, National Archives
and Records Administration, 8601
Adelphi Road—OGIS, College Park,
Maryland, 20740–6001;
(ii) By facsimile at (202) 741–5769; or
(iii) By Email at ogis@nara.gov.
3. Section 602.12 is amended by
adding paragraphs (f), (g) and (h) to read
as follows:
■
Fees.
rmajette on DSK2TPTVN1PROD with RULES
*
*
*
*
*
(f) We will not assess fees if we fail
to comply with any time limit under the
FOIA or these regulations, and have not
timely notified the requester, in writing,
that an unusual circumstance exists. If
an unusual circumstance exists, and
timely, written notice is given to the
requester, we may be excused an
additional 10 working days before fees
are automatically waived under this
paragraph.
(g) If we determine that unusual
circumstances apply and more than
5,000 pages are necessary to respond to
VerDate Sep<11>2014
14:38 Sep 14, 2016
§ 602.16
Combining requests.
You may not avoid paying fees by
filing multiple requests at the same
time. When FCA reasonably believes
that you, alone or with others, are
breaking down one request into a series
of requests to avoid fees, we will
combine the requests and charge
accordingly.
Dated: September 9, 2016.
Dale L. Aultman,
Secretary, Farm Credit Administration Board.
[FR Doc. 2016–22107 Filed 9–14–16; 8:45 am]
BILLING CODE 6705–01–P
SMALL BUSINESS ADMINISTRATION
13 CFR Part 123
RIN 3245–AG61
Disaster Assistance Loan Program;
Disaster Loan Credit and Collateral
Requirements
U.S. Small Business
Administration.
ACTION: Final rule.
AGENCY:
On April 25, 2014, the Small
Business Administration (SBA)
published in the Federal Register an
interim final rule amending its disaster
loan program regulations in response to
Hurricane Sandy Rebuilding Task Force
recommendations. The first change
allowed SBA to rely on the disaster loan
applicant’s credit, including credit
score, rather than personal or business
cash flow in order to assess repayment
ability for those applicants with strong
credit. The second change increased the
amount of disaster assistance funds that
can be immediately disbursed to
borrowers by raising the unsecured
threshold for economic injury loans for
all disasters and for physical damage
loans for major disasters. SBA received
no comments on its interim final rule;
therefore, SBA adopts the interim final
rule without change.
SUMMARY:
Subpart C—FOIA Fees
§ 602.12
a request, we may charge fees if we
provided a timely, written notice to the
requester and discussed with the
requester via mail, Email, or telephone
(or made at least three good-faith
attempts to do so) how the requester
could effectively limit the scope of the
request.
(h) If a court has determined that
exceptional circumstances exist, a
failure to comply with time limits
imposed by these regulations or FOIA
shall be excused for the length of time
provided by court order.
■ 4. Section 602.16 is revised to read as
follows:
Jkt 238001
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
This final rule is effective
September 15, 2016.
DATES:
Eric
Wall, Office of Disaster Assistance, 409
3rd St. SW., Washington, DC 20416,
(202) 205–6739.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Background
The Hurricane Sandy Rebuilding Task
Force was established pursuant to an
Executive Order issued on December 7,
2012, E.O. 13632, Establishing the
Hurricane Sandy Task Force (December
7, 2012). This Task Force was
established to ensure the recovery effort
benefitted from cabinet-level focus and
coordination, and was charged with
establishing guidelines for the
investment of Federal funds made
available for the recovery. As a member
of this task force, SBA collaborated with
these executive agencies and offices to
identify and work to remove obstacles to
resilient rebuilding while taking into
account existing and future risks and
promoting the long-term sustainability
of communities and ecosystems in the
Sandy-affected region.
As a result of Task Force
recommendations, SBA published an
interim final rule on April 25, 2014 (79
FR 22859). The rule amended 13 CFR
123.6 of SBA regulations to allow SBA
to rely on a disaster applicant’s credit,
including score, as evidence of
repayment ability. This change allowed
SBA to expedite processing of
applications from disaster victims with
strong credit by removing the
requirement to analyze cash flow for all
loans. The interim final rule also revised
13 CFR 123.11 to increase SBA’s
unsecured disaster loan limit to $25,000
for economic injury loans for all
disasters and for physical damage loans
for major disasters. The comment period
for the interim final rule ended on June
23, 2014, and SBA received no
comments.
Compliance with Executive Orders
12866, 12988, 13132, and 13563 and the
Paperwork Reduction Act (44 U.S.C.,
Ch. 35) and the Regulatory Flexibility
Act (5 U.S.C. 601–612)
Executive Order 12866
The Office of Management and Budget
(OMB) has determined that this final
rule is not a significant regulatory action
for the purposes of Executive Order
12866. This is not a major rule under
the Congressional Review Act, 5 U.S.C.
800.
Executive Order 12988
This action meets applicable
standards set forth in sections 3(a) and
E:\FR\FM\15SER1.SGM
15SER1
Federal Register / Vol. 81, No. 179 / Thursday, September 15, 2016 / Rules and Regulations
3(b)(2) of Executive Order 12988, Civil
Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce
burden. This action does not have
preemptive or retroactive effect.
rmajette on DSK2TPTVN1PROD with RULES
Executive Order 13132
For the purposes of Executive Order
13132, this final rule will not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or the
distribution of power and
responsibilities among the various
levels of government. Therefore, SBA
determined that this final rule has no
federalism implications warranting
preparation of a federalism assessment.
Executive 13563
Executive Order 13563 reaffirms the
principles of E.O. 12866 while calling
for improvements in the nation’s
regulatory system to promote
predictability, to reduce uncertainty,
and to use the best, most innovative,
and least burdensome tools for
achieving regulatory ends. The
executive order directs agencies to
consider regulatory approaches that
reduce burdens and maintain flexibility
and freedom of choice for the public
where these approaches are relevant,
feasible, and consistent with regulatory
objectives. E.O. 13563 also requires that
regulations be based on the open
exchange of information and
perspectives among state and local
officials, affected stakeholders in the
private sector, and the public as a
whole.
In developing the interim final rule,
SBA collaborated with multiple
agencies through its participation on
Hurricane Sandy Rebuilding Task Force.
The Task Force was led by the Secretary
of Housing and Urban Development,
and included twenty-three executive
department agencies and offices. The
Task Force worked with these Federal
agency members as well as state and
local officials to identify areas where
immediate steps could be taken to help
communities recovering from Hurricane
Sandy. Executive Order 13563 also
recognizes the importance of
maintaining a consistent culture of
retrospective review and analysis
throughout the executive branch. SBA
had identified revisions to § 123.6 to
expedite approval of disaster loans
based on credit score as a part of its
retrospective review. As stated in that
report, an analysis of the performance of
disaster loans to borrowers with strong
credit indicated limited risk. Changing
the current process of requiring a cash
flow analysis for all loan applications
has allowed SBA more flexibility to
VerDate Sep<11>2014
14:38 Sep 14, 2016
Jkt 238001
utilize a loan approval process that is in
line with current private sector practices
and reduce the processing cost for
disaster loans.
Paperwork Reduction Act (44 U.S.C. Ch.
35)
For the purpose of the Paperwork
Reduction Act, 44 U.S.C. Ch. 35, SBA
has determined that this final rule does
not impose any new reporting or
recordkeeping requirements.
Regulatory Flexibility Act (5 U.S.C. 601–
612)
The Regulatory Flexibility Act (RFA),
5 U.S.C. 601 requires administrative
agencies to consider the effect of their
actions on small entities, including
small businesses. According to the RFA,
when an agency issues a rule, the
agency must prepare an analysis to
determine whether the impact of the
rule will have a significant economic
impact on a substantial number of small
entities. However, the RFA allows an
agency to certify a rule in lieu of
preparing an analysis if the rulemaking
is not expected to have a significant
economic impact on a substantial
number of small entities.
While this rule will affect all future
applicants for disaster assistance, some
of which would be small entities, it does
not impose any requirements on small
entities. It streamlines SBA’s processes
in order to enable the Agency to provide
disaster assistance more quickly and
efficiently to small entities. SBA is not
a small entity. As such, SBA certifies
that this rule does not have a significant
economic impact on a substantial
number of small entities.
List of Subjects in 13 CFR Part 123
Disaster assistance, Loan programs—
business, Reporting and recordkeeping
requirements, Small businesses,
Terrorism.
Authority and Issuance
Accordingly, for the reasons set forth
above, the interim final rule published
at 79 FR 22859 (April 25, 2014) is
adopted as a final rule without change.
■
Dated: August 26, 2016.
Maria Contreras-Sweet,
Administrator.
[FR Doc. 2016–21512 Filed 9–14–16; 8:45 am]
BILLING CODE 8025–01–P
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
63367
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2015–0077; Directorate
Identifier 2013–NM–254–AD; Amendment
39–18645; AD 2016–18–14]
RIN 2120–AA64
Airworthiness Directives; ATR—GIE
´
Avions de Transport Regional
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
We are adopting a new
airworthiness directive (AD) for certain
ATR—GIE Avions de Transport
´
Regional Model ATR42–500 and Model
ATR72–212A airplanes. This AD was
prompted by a report indicating that
interference occurred between a Type III
Emergency Exit door and the
surrounding passenger cabin furnishing
during a production check. This AD
requires measuring the gap between the
Type III Emergency Exit doors and
certain overhead stowage compartment
fittings; removing certain fittings from
the overhead stowage compartments
and measuring the gap between the
Type III Emergency Exit doors and the
overhead stowage compartment hooks,
if necessary; re-installing or repairing, as
applicable, the Type III Emergency Exit
doors; and modifying the overhead
stowage compartments. We are issuing
this AD to prevent interference between
a Type III Emergency Exit door and the
overhead stowage compartment fitting
installed on the rail, which could result
in obstructed opening of a Type III
Emergency Exit door during an
emergency evacuation.
DATES: This AD is effective October 20,
2016.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of October 20, 2016.
ADDRESSES: For service information
identified in this final rule, contact
ATR—GIE Avions de Transport
´
´
Regional, 1, Allee Pierre Nadot, 31712
Blagnac Cedex, France; telephone +33
(0) 5 62 21 62 21; fax +33 (0) 5 62 21
67 18; email continued.airworthiness@
atr.fr; Internet https://
www.aerochain.com. You may view this
referenced service information at the
FAA, Transport Airplane Directorate,
1601 Lind Avenue SW., Renton, WA.
For information on the availability of
this material at the FAA, call 425–227–
SUMMARY:
E:\FR\FM\15SER1.SGM
15SER1
]]>Agencies
[Federal Register Volume 81, Number 179 (Thursday, September 15, 2016)]
[Rules and Regulations]
[Pages 63366-63367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21512]
=======================================================================
-----------------------------------------------------------------------
SMALL BUSINESS ADMINISTRATION
13 CFR Part 123
RIN 3245-AG61
Disaster Assistance Loan Program; Disaster Loan Credit and
Collateral Requirements
AGENCY: U.S. Small Business Administration.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: On April 25, 2014, the Small Business Administration (SBA)
published in the Federal Register an interim final rule amending its
disaster loan program regulations in response to Hurricane Sandy
Rebuilding Task Force recommendations. The first change allowed SBA to
rely on the disaster loan applicant's credit, including credit score,
rather than personal or business cash flow in order to assess repayment
ability for those applicants with strong credit. The second change
increased the amount of disaster assistance funds that can be
immediately disbursed to borrowers by raising the unsecured threshold
for economic injury loans for all disasters and for physical damage
loans for major disasters. SBA received no comments on its interim
final rule; therefore, SBA adopts the interim final rule without
change.
DATES: This final rule is effective September 15, 2016.
FOR FURTHER INFORMATION CONTACT: Eric Wall, Office of Disaster
Assistance, 409 3rd St. SW., Washington, DC 20416, (202) 205-6739.
SUPPLEMENTARY INFORMATION:
I. Background
The Hurricane Sandy Rebuilding Task Force was established pursuant
to an Executive Order issued on December 7, 2012, E.O. 13632,
Establishing the Hurricane Sandy Task Force (December 7, 2012). This
Task Force was established to ensure the recovery effort benefitted
from cabinet-level focus and coordination, and was charged with
establishing guidelines for the investment of Federal funds made
available for the recovery. As a member of this task force, SBA
collaborated with these executive agencies and offices to identify and
work to remove obstacles to resilient rebuilding while taking into
account existing and future risks and promoting the long-term
sustainability of communities and ecosystems in the Sandy-affected
region.
As a result of Task Force recommendations, SBA published an interim
final rule on April 25, 2014 (79 FR 22859). The rule amended 13 CFR
123.6 of SBA regulations to allow SBA to rely on a disaster applicant's
credit, including score, as evidence of repayment ability. This change
allowed SBA to expedite processing of applications from disaster
victims with strong credit by removing the requirement to analyze cash
flow for all loans. The interim final rule also revised 13 CFR 123.11
to increase SBA's unsecured disaster loan limit to $25,000 for economic
injury loans for all disasters and for physical damage loans for major
disasters. The comment period for the interim final rule ended on June
23, 2014, and SBA received no comments.
Compliance with Executive Orders 12866, 12988, 13132, and 13563 and the
Paperwork Reduction Act (44 U.S.C., Ch. 35) and the Regulatory
Flexibility Act (5 U.S.C. 601-612)
Executive Order 12866
The Office of Management and Budget (OMB) has determined that this
final rule is not a significant regulatory action for the purposes of
Executive Order 12866. This is not a major rule under the Congressional
Review Act, 5 U.S.C. 800.
Executive Order 12988
This action meets applicable standards set forth in sections 3(a)
and
[[Page 63367]]
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden. This action does
not have preemptive or retroactive effect.
Executive Order 13132
For the purposes of Executive Order 13132, this final rule will not
have substantial direct effects on the States, on the relationship
between the national government and the States, or the distribution of
power and responsibilities among the various levels of government.
Therefore, SBA determined that this final rule has no federalism
implications warranting preparation of a federalism assessment.
Executive 13563
Executive Order 13563 reaffirms the principles of E.O. 12866 while
calling for improvements in the nation's regulatory system to promote
predictability, to reduce uncertainty, and to use the best, most
innovative, and least burdensome tools for achieving regulatory ends.
The executive order directs agencies to consider regulatory approaches
that reduce burdens and maintain flexibility and freedom of choice for
the public where these approaches are relevant, feasible, and
consistent with regulatory objectives. E.O. 13563 also requires that
regulations be based on the open exchange of information and
perspectives among state and local officials, affected stakeholders in
the private sector, and the public as a whole.
In developing the interim final rule, SBA collaborated with
multiple agencies through its participation on Hurricane Sandy
Rebuilding Task Force. The Task Force was led by the Secretary of
Housing and Urban Development, and included twenty-three executive
department agencies and offices. The Task Force worked with these
Federal agency members as well as state and local officials to identify
areas where immediate steps could be taken to help communities
recovering from Hurricane Sandy. Executive Order 13563 also recognizes
the importance of maintaining a consistent culture of retrospective
review and analysis throughout the executive branch. SBA had identified
revisions to Sec. 123.6 to expedite approval of disaster loans based
on credit score as a part of its retrospective review. As stated in
that report, an analysis of the performance of disaster loans to
borrowers with strong credit indicated limited risk. Changing the
current process of requiring a cash flow analysis for all loan
applications has allowed SBA more flexibility to utilize a loan
approval process that is in line with current private sector practices
and reduce the processing cost for disaster loans.
Paperwork Reduction Act (44 U.S.C. Ch. 35)
For the purpose of the Paperwork Reduction Act, 44 U.S.C. Ch. 35,
SBA has determined that this final rule does not impose any new
reporting or recordkeeping requirements.
Regulatory Flexibility Act (5 U.S.C. 601-612)
The Regulatory Flexibility Act (RFA), 5 U.S.C. 601 requires
administrative agencies to consider the effect of their actions on
small entities, including small businesses. According to the RFA, when
an agency issues a rule, the agency must prepare an analysis to
determine whether the impact of the rule will have a significant
economic impact on a substantial number of small entities. However, the
RFA allows an agency to certify a rule in lieu of preparing an analysis
if the rulemaking is not expected to have a significant economic impact
on a substantial number of small entities.
While this rule will affect all future applicants for disaster
assistance, some of which would be small entities, it does not impose
any requirements on small entities. It streamlines SBA's processes in
order to enable the Agency to provide disaster assistance more quickly
and efficiently to small entities. SBA is not a small entity. As such,
SBA certifies that this rule does not have a significant economic
impact on a substantial number of small entities.
List of Subjects in 13 CFR Part 123
Disaster assistance, Loan programs--business, Reporting and
recordkeeping requirements, Small businesses, Terrorism.
Authority and Issuance
0
Accordingly, for the reasons set forth above, the interim final rule
published at 79 FR 22859 (April 25, 2014) is adopted as a final rule
without change.
Dated: August 26, 2016.
Maria Contreras-Sweet,
Administrator.
[FR Doc. 2016-21512 Filed 9-14-16; 8:45 am]
BILLING CODE 8025-01-P
